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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice.
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I have recently been accused of being in collision with a pedestrian which I categorically

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I have recently been accused of being in collision with a pedestrian which I categorically deny. The police were informed and could find no evidence either way as there was no CCTV or independent witness and therefore dropped the case. The pedestrian however has instructed a solicitor to apply for compensation. My insurers engaged an enquiry agent who took my statement. I heard nothing from them until I arrived back from holiday to find that they had sent me a letter the day I left saying that they considered that my case could not be won and were recommending settlement. It appears that this has been done. My problem is that I feel that I have not had the opportunity to refute any of the alleged victims statement having not seen it and that they have gone ahead and settled without consulting me. Do I have a right of appeal ?
Regards *****
Thank you for your question. My name is ***** ***** I will try to help with this.
I prsume you are not being prosecuted in the criminal courts?
Customer: replied 2 years ago.
The police have indicated that no prosecution is possible as there is no independent evidence
Thanks. I'm afraid this is ultimately a decision for your insurance company. They are liable on your behalf and they will make a decision on a risk management basis over whether or not there is a realistic chance of success. You can complain. Generally speaking that makes no difference on the whole but it is an option. You can also sue the other party personally but that wouldn't be appropriate here give the circumstances. Obviously if you are charged with any offences then that case is your own and you can plead not guilty and contest that but not a case controlled by the insurance company I'm afraid. Sorry if that is bad news. Can I clarify anything for you? Jo
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